EPA Land-grab: Legitimate Claim or Romanticized Judicial Activism?

[Lord Thesaurian]

Based on a convenient interpretation of a century-old law and a little creativity with the Clean Air Act, the EPA has effectively seized over 1 million acres in Wyoming - including the entire city of Riverton, a community of over 10,000 people - and is poised to turn the land over to two native tribes, designating the land on and around the Wind River Indian Reservation as a separate "state." The State of Wyoming has until February to file an official appeal, and the situation has caused quite an uproar locally.

The long and short of it is that the Arapahoe and Shoshone native tribes filed a petition with the EPA in December of 2008 requesting "TAS" status - Treatment as a State status (for regulatory purposes) - under the Clean Air Act. The land was opened for settlement in 1905, but the tribes claim that the latter is irrelevant because the mere opening of settlement did not revoke native rights to the land.

The State counters that the 1905 did in fact cede the land to the State, a claim strengthened by a 1953 federal act officially compensating the tribes at over $1 million for part of the land that was deemed particularly lucrative, most notably the land that became the town of Riverton. In an open letter, Wyoming Attorney General outlined the state's position, and expressed concern for the residents of Riverton and surrounding communities if these were to fall from the protection of law and order into the anarchy, vagrancy and mafia justice that is the archetypal "Reservation" (Indian reservations are sovereign and independent of state and federal jurisdiction. If you've ever been to one, you know what I'm talking about).

So, I guess what I'm wondering is, am I missing something here? This seems like nothing short of an out-and-out federal landgrab prompted by tribal greed, judicial activism, and an administration enamored with the historical romance of the "noble savage." It's nothing new, but never before have entire towns of people been put in jeopardy in such manner to my knowledge. But short of drawing the obvious comparison between the greedy white settlers of yesteryear and the tribal mafiosos of today, does the EPA even have a case? Here's why I seriously doubt it:

First, there's the 1905 law. Even if the settlement act does not negate the tribal land rights, federal law concerning adverse possession laws (1 2) easily indicate a century of precedent placing the state of Wyoming as the owner of the land.

Second, there's the 1953 measure officially compensating the tribe for the majority of the land, and most importantly, the township of Riverton.

Thirdly, Article IV Section 3 of the Constitution forbids the redrawing of state boundaries without the express consent of Congress and the state legislatures concerned.

Which brings me to what concerns me most: What the kind of country have we become when the "Environmental Protection Agency" has the ability to arbitrarily and effectively redraw state boundaries, and redraw them for completely ideological reasons - no due process, no checks and balances, and barely any time to throw together an appeal against a dictatorial land seizure? And I thought the Patriot Act was the beginning of the end. Why have the main media outlets been ignoring this for months? This isn't the usual "Native tribe sues to take over pasture." This is a well established city with a century of legal and de facto history there. Are there any of you out there with more information on this? I still can't believe my eyes.......


Articles

http://county10.com/2014/01/09/quick...oundary-issue/

http://www.bizpacreview.com/2014/01/...n-tribes-93336

http://wyofile.com/ron_feemster/stat...uality-ruling/

http://www.sfgate.com/news/science/a...ng-5118789.php

[Farnan]

They are not redrawing state boundaries, they are creating a Reservation. There is no new state being created. Reservations do fall under Federal Laws just not State Laws.

They are applying for treatment as a state status: http://www.epa.gov/indian/laws/tas.htm

[Lord Thesaurian]

They are not redrawing state boundaries, they are creating a Reservation. There is no new state being created.

I didn't say that a new state is officially being created. I pointed out the fact that the TAS status will allow tribal leaders to dramatically expand their geographic regulatory reach whilst the legal battle over officially expanding the reservation ensues, thus endangering the town of Riverton and surrounding communities. And yes, state boundaries are being redrawn to expand the Reservation. This seems unconstitutional, but if not there is plenty of other damning evidence against the tribes' claim. To my knowledge, issues like these are dealt with by Congress and federal courts. My guess is that the tribes knew their claim was hogwash, and decided to use a backdoor legal maneuver with the help of a heavily sympathetic federal administration to force the issue, rather than the "traditional" legal route.

Reservations do fall under Federal Laws just not State Laws.

True, but they also have their own justice system and law enforcement, and are allowed to enforce federal law on their own.....*wink wink*. They are also exempt from all federal and state taxes on any goods, services and property originating from the reservation (Source) Basically the federal government allows the natives client nation status, but then also gives them hundreds of millions in funding, benefits, subsidies, full citizenship, and voting rights.......

reservations... So indians are still animals in the us huh? After all the butchering you did you still have them live in reservations?

See Farnan's response. Also, tribal leaders make bank as mafia-like bosses of the reservation. It is their "people" who suffer in poverty, and conditions on the reservations I've been to (Pine Ridge and Wind River) are quite miserable. The "natives" deeply resent outsiders and often wallow in poverty and substance abuse. When I went up to Pine Ridge to work on the construction of a community center, it was like working for the mob. The tribal reps got all the money and power for the project (courtesy of federal funding), and we had to deal with them to get paid. Natives hated our presence there, especially the Hispanic workers, whom they saw as a threat to the unionized labor monopoly on the reservation. Workers were assaulted, our project managers had their tires slashed and were threatened with death or worse. All I can say is that contract must have been worth a heck of alot to put up with that mess.

Reservations aren't a federal prison for natives. They are a mob-style money-making operation for the people who run them. I despise the very idea of reservations and believe that they should have been disbanded decades ago. If the federal government truly cared about "equality," the reservations would have been dissolved and the natives assimilated into mainstream society as our fellow Americans. Instead we have this long-standing odd tradition of providing cradle-to-grave cash flow and benefits to sovereign tribal leaders who grow rich while their "people" suffer. It is truly despicable.'

You are having an overreaction all the EPA did was to use the the older boundary in a decision about air quality monitoring.

http://county10.com/2013/12/10/sen-c...ion-unchanged/

In any case we are the same country we always have been a government does X and then we sit back and get lawyers.

Am I? "Air quality monitoring" has sweeping regulatory potential, which is why the tribal leaders took that route while fighting to officially expand the Reservation. Once the EPA recognizes the old boundaries, that sets a precedent because it means towns like Riverton are now inside the reservation. That is part of the reason the State is deeply concerned:

“I understand that the Northern Arapaho and Eastern Shoshone Tribes have a different opinion about the Wind River Reservation Boundary. My deep concern is about an administrative agency of the federal government altering a state’s boundary and going against over 100 years of history and law. This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?” Governor Matt Mead said. “I want to thank the Attorney General and his staff for acting with urgency and preparing a thorough review of the historical record. This analysis shows how flawed the EPA was in its legal justification for its decision. The federal government clearly had a predetermined outcome it sought to uphold.”

http://governor.wy.gov/media/pressRe...onHoldand.aspx

The only reason that taxation and law enforcement will continue unchanged is beacause the state is defying the EPA's ruling:

"The worry by state officials is that turning Riverton, a town of over 10,000 people, over to the tribes will come with a slew of tax and law enforcement complications. Since Riverton is now part of the Wind River reservation, it is technically no longer eligible for state services and no longer falls under local law enforcement. Mead, however, has ordered that state agencies conduct “business as usual” in regards to Riverton, meaning state services, law enforcement and regulations will continue."

http://www.bizpacreview.com/2014/01/...n-tribes-93336

[sabaku_no_gaara]

reservations... So indians are still animals in the us huh? After all the butchering you did you still have them live in reservations?

[Farnan]

reservations... So indians are still animals in the us huh? After all the butchering you did you still have them live in reservations?

Indians do not have to live on Reservations, and two thirds do not.

Reservations are always where there is Tribal Sovereignty, sort of granting them semi-autonomous areas.

http://en.wikipedia.org/wiki/Tribal_..._United_States

[Col. Tartleton]

reservations... So indians are still animals in the us huh? After all the butchering you did you still have them live in reservations?

They're federal territories with unique autonomy and local laws outside of their state jurisdictions. Like Autonomous Okrugs, not national parks or game reserves. We don't put Federal Lands on maps despite their existence because it makes the map look messy.

Spoiler Alert, click show to read: 

[Roma_Victrix]

reservations... So indians are still animals in the us huh? After all the butchering you did you still have them live in reservations?

This is an odd response, considering how it is not compulsory for anyone to live on an Indian (or more aptly, Native American) reservation. It's not as if the U.S. is forcing them to live there; these people are U.S. citizens, after all. They can leave and take up residence anywhere they like at any time.

The real problem, however, is the money-making scheme and mafia-style violence those at the top of the social strata in such reservations have propagated. Legio_Italica did a wonderful job laying this predicament out. I should know, my friend Bret recently worked on an Indian reservation for the organization Teach For America. Sagging health from drug abuse, malnutrition, and diabetes are way up. It reminds me of the 17th-18th century when whiskey was first introduced to the natives from European settlers and the effects it caused for their various tribes.

[Condottiere 40K]

So, when will they take back Manhattan?

[conon394]

Which brings me to what concerns me most: What the kind of country have we become when the "Environmental Protection Agency" has the ability to arbitrarily and effectively redraw state boundaries, and redraw them for completely ideological reasons - no due process, no checks and balances, and barely any time to throw together an appeal against a dictatorial land seizure? And I thought the Patriot Act was the beginning of the end. Why have the main media outlets been ignoring this for months? This isn't the usual "Native tribe sues to take over pasture." This is a well established city with a century of legal and de facto history there. Are there any of you out there with more information on this? I still can't believe my eyes.......

You are having an overreaction all the EPA did was to use the the older boundary in a decision about air quality monitoring.

http://county10.com/2013/12/10/sen-c...ion-unchanged/

In any case we are the same country we always have been a government does X and then we sit back and get lawyers.

[Sphere]

Which brings me to what concerns me most: What the kind of country have we become when the "Environmental Protection Agency" has the ability to arbitrarily and effectively redraw state boundaries, and redraw them for completely ideological reasons - no due process, no checks and balances, and barely any time to throw together an appeal against a dictatorial land seizure?

Wyoming can appeal the EPA's decision in the Federal Tenth Circuit Court of Appeals. And in reality the EPA asked for and followed the DoI's (Department of Interior) guidance on the matter. The DoI is the department which deals with Indian reservatios, so if anyone has expertise on the matter it is them. Ironically the Wyoming Supreme Court has previously ruled that Riverton is indeed part of the reservation, but it is a Federal issue so that ruling had no effect.

In all it seems that the state of Wyoming is getting a fair legal shake. What undermines Wyomings case is that it seems the Arapahoe and Shoshone were not afforded the same in the past.

[Lord Thesaurian]

Wyoming can appeal the EPA's decision in the Federal Tenth Circuit Court of Appeals. And in reality the EPA asked for and followed the DoI's (Department of Interior) guidance on the matter. The DoI is the department which deals with Indian reservatios, so if anyone has expertise on the matter it is them. Ironically the Wyoming Supreme Court has previously ruled that Riverton is indeed part of the reservation, but it is a Federal issue so that ruling had no effect.

The DoI's only role here was to make up a hogwash line of legal logic to back up the EPA's agenda:

http://www2.epa.gov/sites/production...pawr009733.pdf

The Governor and District Attorney in Wyoming have already thoroughly explained the state's position, as well as chided the EPA and DoI for manufacturing a confirmation bias in support of a pre-determined effort to "get back at whitey," at least, that's all I can make of it. Why else would the EPA and DoI partner up on a seemingly trivial issue, only to give the tribes precedent to legally claim 1 million acres of additional land and an entire town of people as their "property?" As the Governor's office and District Attorney already explained, this is a "land-grab" because it arbitrarily redraws state boundaries and all the state can do now is try to fight back against a decision that was already made in dictatorial fashion, without regard for process of law or the thousands of people this ruling affects. The EPA's decision has already caused problems in Riverton as people divide over the issue:

“The city staff gets calls from people suggesting that they don’t have to pay taxes because this is Indian Country,” Ron Warpness, mayor of Riverton, told the committee. The Riverton police worry about their authority to enforce the law, while Natives call the mayor’s office to say that next year they are “taking over Riverton,” Warpness said.

We have this kind of angst and anxiety on both sides,” said Warpness, 72, who has lived in Riverton all his life. “It’s not healthy.”

http://wyofile.com/category/special-...n/nativenotes/

The evidence against the ruling is overwhelming, for reasons I already explained. And where is this State Supreme Court ruling you mention, exactly? The Federal government officially compensated the tribes for most of the land, including the land of Riverton, decades ago, so whatever ruling you're talking about wouldn't apply to the town or surrounding communities, which is the primary concern here. If all else fails, adverse possession laws place all the land in question firmly in the state's control 10 times over. All I see here is a creative new idea some team of lawyers came up with all of 5 years ago in an attempt to rewrite history for reasons that can only seem purely spiteful. It's ridiculous and illegal as far as I can see. So far the only other response I get to the contrary besides yours is "who cares Wyoming is a barren hillbilly wasteland and the US hurted the Indians so it's 'kay," which only uninformed blockheads from the coasts would bother to say.

In all it seems that the state of Wyoming is getting a fair legal shake. What undermines Wyomings case is that it seems the Arapahoe and Shoshone were not afforded the same in the past.

How is Wyoming getting a "fair shake," exactly? If I'm king for a day and pass a law that says your house is now mine, does my allowing you to lawyer up and try to stop me ex post facto make it "fair?" I hardly think so. And I also fail to see how the Arapahoe and Shoshone were so railroaded by the government when they were compensated for most of the land with over 10 million dollars in today's money in exchange for thousands of acres of rocky scrub land. If that's getting ripped off, then sign me up. Other than that I can't imagine why you would bring up atrocities against the natives 100+ years ago as anything relevant to this issue, if that's what you're referring to.

And local law enforcement isn't exactly as hot an issue as you think. Whatever shortcomings various indian reservations may have for general police presence or not, and it varies, the FBI does tend to act as a major case squad if needed.

Have you ever been to a reservation? It's not a nice place. At all. If this EPA debacle takes effect and the people of Riverton are left to the mercy of tribal mob bosses, it'll be the Johnson County War all over again. Even if the tribes are right - and they're not - why on earth the federal government would go bumbling around creating unnecessary and potentially volatile turmoil over "whitey stole our land" complaints is beyond me, especially a century after the fact when there is no legal grounds to press the issue.

[Gaidin]

Have you ever been to a reservation? It's not a nice place. At all. If this EPA debacle takes effect and the people of Riverton are left to the mercy of tribal mob bosses, it'll be the Johnson County War all over again. Even if the tribes are right - and they're not - why on earth the federal government would go bumbling around creating unnecessary and potentially volatile turmoil over "whitey stole our land" complaints is beyond me, especially a century after the fact when there is no legal grounds to press the issue.

Did you even listen to what I said? Reservations are federal lands. If huge case happens, FBI has the right to take over if they desire. Hence, if they think that they're not in a condition to handle a big case on their own they will help. If they think they can't handle it at all, the will likely walk right in and take over. This isn't 'some idiot stole liquor from the store down the street so he could get smashed again and carry on the stereotype you posted in the OP' I'm talking about. Read the damn post and learn what major case squad usually means.

[Lord Thesaurian]

Did you even listen to what I said? Reservations are federal lands. If huge case happens, FBI has the right to take over if they desire. Hence, if they think that they're not in a condition to handle a big case on their own they will help. If they think they can't handle it at all, the will likely walk right in and take over. This isn't 'some idiot stole liquor from the store down the street so he could get smashed again and carry on the stereotype you posted in the OP' I'm talking about. Read the damn post and learn what major case squad usually means.

Yeah, so I guess you're either trying to strawman onto a different subject.... or something. Reservations are semi autonomous with their own justice and law enforcement systems. The only time the FBI's "major case squad" would get involved is if it's, you know, a major case. That has nothing to do with the day to day reality the people of Riverton would be facing, which is the main reason the State has defied the EPA's ruling and decided to continue with "business as usual." Make a relevant argument for god's sake. Do you even know how hard it is for any federal law enforcement to intervene in a case involving native defendants on a reservation? Hell, Congress was still trying to address the issue in 2010 to give the FBI primary jurisdiction in some cases involving native vs non-native and native-vs-native crime on reservations, and tribal authorities still have exclusive jurisdiction in most cases.

Confusion about jurisdiction in Indian country remains a problem. Jurisdiction still is a patchwork of tribal, state, and federal jurisdiction that varies depending on the crime, identity of the perpetrator, identity of the victim, and location of the offense. TLOA does not offer a magic cure for this confusion. However, it does provide the hope of a better quality of life in Indian country.

http://www.fbi.gov/stats-services/pu...er-act-of-2010

[Gaidin]

Yeah, so I guess you're either trying to strawman onto a different subject.... or something. Reservations are semi autonomous with their own justice and law enforcement systems. The only time the FBI's "major case squad" would get involved is if it's, you know, a major case. That has nothing to do with the day to day reality the people of Riverton would be facing, which is the main reason the State has defied the EPA's ruling and decided to continue with "business as usual." Make a relevant argument for god's sake. Do you even know how hard it is for any federal law enforcement to intervene in a case involving native defendants on a reservation? Hell, Congress was still trying to address the issue in 2010 to give the FBI primary jurisdiction in some cases involving native vs non-native and native-vs-native crime on reservations, and tribal authorities still have exclusive jurisdiction in most cases.

Actually whether they help with or run the investigation and whether it's tried federally are two totally different questions so I have no clue what relevance your red herring has with my point. But whatever.

[Gaidin]

Hell I'm not even sure how you can call this an EPA land-grab. If you really want to call this a land-grab, call it a native american land-grab, because they had some lawyers who were smart enough to go through the EPA to do this. And Sphere's right. This process is hardly over. Stop panicking Legio. You act like the world is ending because some Native Americans filed a petition.

And local law enforcement isn't exactly as hot an issue as you think. Whatever shortcomings various indian reservations may have for general police presence or not, and it varies, the FBI does tend to act as a major case squad if needed.

[Col. Tartleton]

Besides Wyoming is barely a state. It's a national park. No one actually lives there. Except these Indians apparently.

I mean their state capital is "Cheyenne."

[brandbll]

Besides Wyoming is barely a state. It's a national park. No one actually lives there. Except these Indians apparently.

I mean their state capital is "Cheyenne."

So what is Cheyenne, like the main Visitor Center in Yellowstone?

reservations... So indians are still animals in the us huh? After all the butchering you did you still have them live in reservations?

We don't consider them to be animals, we consider them as savages. Please do try and keep up...

[Himster]

The red man comes with his notions of ownership to take the land of the humble white-man with no notion of ownership.

I mean their state capital is "Cheyenne."

The military base from Stargate? Goddam. These red skins must have amazing technology.
How can the humble white-man stand against such superior technology and aggression? The humble white man has lived there for generations, tending simple crops of maize and now the red man comes to disrupt the harmony the white man has established with nature. What a tragedy.

[Col. Tartleton]

So what is Cheyenne, like the main Visitor Center in Yellowstone?

That was my understanding.

The red man comes with his notions of ownership to take the land of the humble white-man with no notion of ownership.

The military base from Stargate? Goddam. These red skins must have amazing technology.
How can the humble white-man stand against such superior technology and aggression? The humble white man has lived there for generations, tending simple crops of maize and now the red man comes to disrupt the harmony the white man has established with nature. What a tragedy.

This land was once covered in herds of cattle that stretched from horizon to horizon. My people tended these herds; cared and looked after them from the saddle of spirited horses. Then the Red Man came with his due process and his environmental protection and now the taxes on greenhouse gas emissions are bringing great sufferings on my people.

[Gaidin]

Again, you didn't read the damn post. Do you ever read the damn post. I said it varies. Reservations vary. Get over it. I also love your biased sample from Alaska.